POSTED: 01:30 a.m. HST, Jun 14, 2012
While the first criminal trial of a Roman Catholic church official accused of covering up child sexual abuse has drawn national attention to Philadelphia, the church has been quietly engaged in equally consequential battles over abuse, not in courtrooms but in state legislatures around the country.
The fights concern proposals to loosen statutes of limitations, which impose deadlines on when victims can bring civil suits or prosecutors can press charges. These time limits, set state by state, have held down the number of criminal prosecutions and civil lawsuits against all kinds of people accused of child abuse — not just clergy members, but also teachers, youth counselors and family members accused of incest.
Victims and their advocates in New Jersey, Pennsylvania, Massachusetts and New York are pushing legislators to lengthen the limits or abolish them altogether, and to open temporary “windows” during which victims can file lawsuits no matter how long after the alleged abuse occurred.
The Catholic Church has successfully beaten back such proposals in many states, arguing that it is difficult to get reliable evidence when decades have passed and that the changes seem more aimed at bankrupting the church than easing the pain of victims.
Already reeling from some $2.5 billion spent on legal fees, settlements and prevention programs relating to child-sexual abuse, the church has fought especially hard against the window laws, which it sees as an open-ended and unfair exposure for accusations from the distant past.
In at least two states, Colorado and New York, the church even hired high-priced lobbying and public relations firms to supplement its own efforts. Colorado parishes handed out postcards for churchgoers to send to their representatives, while in Ohio, bishops themselves pressed legislators to water down a bill.
The outcome of these legislative battles could have far greater consequences for the prosecution of child molesters, compensation of victims and financial health of some Catholic dioceses, legal experts say, than the trial of a church official in Philadelphia, where the jury is currently deliberating.
Changing the statute of limitations “has turned out to be the primary front for child sex abuse victims,” said Marci A. Hamilton, a professor at the Benjamin N. Cardozo School of Law at Yeshiva University who represents plaintiffs in sexual abuse suits.
“Even when you have an institution admitting they knew about the abuse, the perpetrator admitting that he did it, and corroborating evidence, if the statute of limitations has expired, there won’t be any justice,” she said.
The church’s arguments were forcefully made by Patrick Brannigan, executive director of the New Jersey Catholic Conference, in testimony before the state legislature in January opposing a proposal to abolish the limits in civil cases.
“How can an institution conceivably defend itself against a claim that is 40, 50 or 60 years old?” Brannigan said. “Statutes of limitation exist because witnesses die and memories fade.”
“This bill would not protect a single child,” he said, while “it would generate an enormous transfer of money in lawsuits to lawyers.”
Timing is a major factor in abuse cases because many victims are unable to talk about it or face their accusers until they reach their 30s, 40s or later, putting the crime beyond the reach of the law. In states where the statutes are most restrictive, like New York, the cutoff for bringing a criminal case is age 23 for most serious sexual crimes other than rape that occurred when the victim was a minor.
In some 30 states, limits have already been lifted or eased on the prosecutions of some types of abuses until the victim’s 40th or 50th birthday, according to Hamilton. The Supreme Court ruled that changes in criminal limits cannot be retroactive, so they will affect only recent and future crimes.
In New York, the Catholic bishops said they would support a modest increase in the age of victims in criminal or civil cases, to 28. But their lobbying, along with that of ultra-Orthodox Jewish leaders, has so far halted proposals that would allow a one-year window for civil suits for abuses from the past. The bishops say the provision unfairly targets the church because public schools, the site of much abuse, and municipalities have fought successfully to be exempted.
The New Jersey proposal to abolish time limits for civil suits could pass this summer, said its sponsor in the Senate, Democratic state Sen. Joseph Vitale. The main opposition has come from the Catholic Church, he said. Brannigan of the Catholic Conference has testified at hearings, and bishops have “reached out to scores of legislators,” Vitale said, warning that an onslaught of lawsuits could bankrupt their dioceses.
California was the first state to pass a one-year “window” law to bring civil suits, in 2003, and those involved say that the legislation moved so quickly that the church barely responded. But the experience proved a cautionary tale for the church: More than 550 lawsuits flooded in.
Since then, only two states have passed similar laws: Delaware, in 2007, and Hawaii, in April. Window legislation has been defeated in Colorado, Ohio, Maryland, Illinois, Washington, D.C., and New York.
Joan Fitz-Gerald, former president of the Colorado Senate, who proposed the window legislation, was an active Catholic who said she was stunned to find in church one Sunday in 2006 that the archdiocese had asked priests to raise the issue during a Mass and distribute lobbying postcards.
“It was the most brutal thing I’ve ever been through,” she said of the church campaign. “The politics, the deception, the lack of concern for not only the children in the past, but for children today.” She has since left the church.
The Massachusetts Catholic Conference has spoken out strongly against a bill that would eliminate both criminal and civil statutes of limitations, but advocates still hope to win a two-year window for filing civil claims.
If that happens, “we’ll see a lot more victims come forward and we’ll find out more about who the abusers are,” said Jetta Bernier, director of the advocacy group Massachusetts Citizens for Children.
The landmark trial of Monsignor William J. Lynn in Philadelphia, who is accused of allowing predators to remain in ministry, almost did not happen because of the statute of limitations.
A scathing grand jury report in 2005 described dozens of victims and offending priests and said that officials, including Philadelphia’s cardinal, had “excused and enabled the abuse.” But the law in place at the time of the crimes required victims to come forth by age 23. “As a result,” the report said, “these priests and officials will necessarily escape criminal prosecution.”
But victims emerged whose abuse fell within the deadline and in 2011, a new grand jury brought charges against Lynn, who had supervised priest assignments.
Pennsylvania expanded the limits, and for crimes from 2007 on, charges will be possible up to the time that victims reach age 50. Advocates are now pushing to abolish the statute of limitations for child sex abuse and open a window for civil suits over long-past abuses. But the legislation appears stalled in the face of church opposition.
The new Archbishop of Philadelphia, Charles J. Chaput, who led the successful campaign to defeat such a bill in Colorado, says that current restrictions exist for “sound legal reasons.”